Freedom of Information

Using Freedom of Information

The Office of the BC Information and Privacy Commissioner maintains its own website that includes a very good search engine on decisions made by the Commissioner. In addition, the site contains a simple brochure on how the legislation works.

The Commissioner is independent from government. Within government, the Corporate Privacy and Information Access Branch provides guidelines to government staff on how to interpret the legislation. That office also offers a very good guide to the legislation. That guide cautions "The Act is not meant to replace existing means of obtaining information. Before you make a request using the Act, be sure you have tried other, more informal means to obtain the information. Contact the organization that has the information you are seeking and ask for it directly from them. It is often the case that you can get the information you want in this informal way, without using the Act. This informal route will often be faster for you and less expensive for public bodies to administer."

The guide then goes on to explain what to do if your friendly request doesn't produce results. The guide says: "If you are not able to get the information you want through the informal route, and you still wish to make a request under the Act, you must do so in writing.
You can either fill out a Request for Access to Records Form, available through any public body or Government Agent’s office (or by clicking here), or simply make your request in the form of a letter. A written request under the Act can be mailed to or dropped off at any office of the public body to which you are making your request, however, your request may be handled faster if you direct it to the Director or Manager of Information and Privacy (D/MIP) responsible for that public body. Once your request has been received, the public body has 30 days to give you a response."

I find it is easiest to understand these procedures by looking at an actual example. Copied below is a freedom of information request made with respect a controversial government appointment.

June 8, 2001

Ken Dobell
Deputy Minister
Premier's Office
Legislative Buildings
Victoria BC V8W 9E1

Dear Sir

RE: Appointment of Andrew Wilkinson as Deputy Minister of
Intergovernmental Affairs

I make this request pursuant to the Freedom of Information and Protection of Privacy Act for the following documents concerning this matter:

1. A copy of all original advertisements or postings of this position including newspaper advertisements, documents or newsletters circulated internally to government, and any website postings of the job vacancy including every date on which these advertisements or postings appeared.

2. A copy of the contract engaging any executive search firm and any accompanying documents, memorandums, faxes, letters, or e-mail transmissions.

3. The name of the person or persons at the executive search firm responsible for the file.

4. The fees paid or owing to any executive search firm in connection with this search and a copy of the itemized statement of account rendered in connection with any executive search.

5. The number of applications received seeking the position, the address, either physical or e-mail, to which applications were directed and the date or dates on which they were received.

6. The names of those government officials and their positions, who reviewed the applications.

7. The dates and times of interviews of job applicants including:
a) The names of all those in the interviewing panel;
b) The total number of candidates interviewed, including times, dates, and physical location of those interviews. (I am not requesting the names of the unsuccessful candidates, if any.)
c) The date, time, and physical location of the interview or interviews of the successful candidate including the names of all persons present or participating in the interview of the successful candidate.

8. A copy of the résumé of the successful candidate including a copy of any letter, fax, or e-mail transmission accompanying the résumé making application for the job.

9. The date on which the successful candidate was offered the position.

10. A copy of the letter, fax, or e-mail transmission to the successful candidate offering him the position.

11. The date on which the successful candidate accepted the position.

12. A copy of the letter, fax or e-mail transmission from the successful candidate conveying his acceptance of the position.

13. A copy of the terms and conditions of Mr Wilkinson's employment.

14. A copy of the Order-in-Council confirming Mr Wilkinson's appointment.

I look forward to your response to this request.

Yours truly

Bruce Ralston
President, BC NDP